Abstract
<jats:p>Roman law, Islamic law and Common law are bodies of laws that were fundamentally formed and developed through the casuistic method. Over time, the casuistic rulings within these laws were classified and consolidated, evolving into higher norms applicable to a plurality of cases. Proceeding from these norms, comprehensive principles—termed the general principles of law—have emerged. Due to its historical precedence, this process commenced earlier in Roman Law. From the Classical period onward, significant efforts were devoted to the classification, consolidation, and systematization of legal rules. Unfolding within its own trajectory, this evolution culminated in the section titled General Principles of Ancient Law, appended to the final part of the Digesta within Justinian's Corpus Iuris Civilis. Beginning in the 12th century, Roman Law experienced a revival in Europe. Through commentaries on the Corpus Iuris Civilis—by the Glossators and subsequently the Post-Glossators—Roman Law began to disseminate throughout the continent and, to a limited extent, into England. Simultaneously, from the 11th century onward, the compilation of legal rules commenced in England. Out of the diffuse and complex structure of Common Law, general principles of law gradually emerged, often expressed in Latin as a reflection of the Roman tradition. While some of these principles parallel Roman Law, a significant number diverge structurally. These principles, termed maxims in Common Law, acquired prominence and a systematic character through the works of Sir Francis Bacon. Similarly, Islamic Law shares the casuistic nature of Roman Law and Common Law. Over time, the methodology of Islamic Law (Usul al-Fiqh) was established upon the foundation of substantive legal provisions (Furu al-Fiqh). Rules developing within this methodological framework were synthesized with methodological norms, fostering the formation of general principles. Treatises were authored to compile and expound upon principles applicable both to specific branches and to the legal corpus as a whole; this process ultimately led to the derivation of general principles designated as universal legal maxims (al-Qawa'id al-Kulliyyah). The formation and development of general principles exhibit striking parallelism across these three legal traditions. Given these structural similarities, the commonalities found within such diverse legal orders may be regarded as principles of universal law. Within the scope of this study, similar principles between Roman law and Islamic law were first identified based on the final title of the Digesta, then explained and subjected to comparative analysis. Subsequently, the 25 maxims compiled by Francis Bacon were compared with their counterparts in Roman and Islamic law and examined through illustrative examples.</jats:p>